Review of Enforcement Office Actions by Complaint

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

A complaint against an enforcement action is a special legal remedy for reviewing the acts or omissions of enforcement and bankruptcy authorities. As a rule, the complaint concerns whether an enforcement action complies with the law or the circumstances of the case, rather than the merits of the claim. The application must be correctly characterised on the basis of this distinction.

Article 16 of the Enforcement and Bankruptcy Law sets the general complaint period at seven days from learning of the action. A different regime applies where a right is not exercised or an action is unjustifiably delayed. Special provisions and grounds for complaints that are not subject to a time limit must be considered separately.

The applicant must have a legal interest in having the action set aside or corrected. Not only the parties to enforcement proceedings but also third parties whose legal position is directly affected by the action may complain, subject to the relevant conditions. The date of the action, how it became known, and the relief sought must be specified.

Filing a complaint does not automatically stay enforcement. Except where the law specifically provides otherwise, a stay requires a decision of the enforcement court. Filing an application must therefore not be confused with the actual suspension of actions in the enforcement file.

If the court finds the complaint justified, it may annul or correct the action, or order the performance of an omitted action. Where an objection to the debt in response to a payment order is required, merely filing a complaint does not automatically produce the effects of that objection. The basis and effect of each application on the file are governed by its own rules.

This article has been prepared for general legal information purposes.